HomeMy WebLinkAbout2008-3860.Morrell.09-04-22 Decision
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GSB#2008-3860, 2008-3861 GSB#2008-3860, 2008-3861
UNION#2009-0521-0011, 2009-0521-0012 UNION#2009-0521-0011, 2009-0521-0012
IN THE MATTER OF AN ARBITRATION IN THE MATTER OF AN ARBITRATION
UUnnddeerr
THE CROWN EMPLOYEES COLLECTHE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT TIVE BARGAINING ACT
BBeeffoorree
THE GRIEVANCE SETTLEMENT BOARD THE GRIEVANCE SETTLEMENT BOARD
BETWEENBETWEEN
Ontario Public Service Employees Union
(Morrell)
Union
- and -
The Crown in Right of Ontario
(Ministry of Community Safety and Correctional Services)
Employer
BEFOREVice-Chair
Barry Stephens
FOR THE UNION
Anastasios Zafiriadis, Frank Inglis, Greg McVeigh
Grievance Officers
Ontario Public Service Employees Union
FOR THE EMPLOYERGary Wylie, Sean Milloy
Staff Relations Officers
Ministry of Community Safety and Correctional
Services
HEARINGApril 1, 2009.
Decision
[1]The parties have agreed to an Expedited Mediation-Arbitration Protocol. It is not
necessary to reproduce the entire Protocol here. Suffice it to say that the parties have
agreed to a ?True Mediation-Arbitration? process, wherein each provides the Vice-Chair
with submissions, which include the facts and authorities each relies upon. This decision
is issued in accordance with the Protocol and with Article 22.16 of the collective
agreement, and is without prejudice or precedent.
1 ? 2009-0521-0011
[2]This grievance relates to the grievor?s accommodation and allegations of harassment.
The grievor was on accommodation in November and December 2008. He alleges that in
early January he brought a medical certificate to extend the accommodation but the
employer did not implement the extension. The employer asserts that the grievor did not
provide the documentation. The grievor produced a receipt for a medical certificate but
did not produce a copy of the certificate. In addition, the grievor agreed that he advised
one of his supervisors early in January 2009 that he no longer required accommodation,
claiming that he did so under pressure from the employer. The grievor seeks
compensation for expenses related to acquiring medical certificates, and for sick time to
cover his past absences, as well as upcoming time off required for upcoming surgery.
[3]After reviewing the submissions of the parties and the collective agreement, it is my
conclusion that the grievance should be upheld in part. The grievor is awarded five days
pay to be used to cover future time off related to his surgery.
2 ? 2009-0521-0012
[4]The grievor alleges he was subject to discriminatory treatment. He cites an incident
when he was required to wear a tie while working at the reception area, whereas his relief
was not instructed to wear a tie. This grievance is dismissed.
nd
Dated at Toronto this 22 day of April 2009.
Barry Stephens, Vice-Chair